Facing Unpaid Dues After Leaving an Abusive Job: How Can I Get My Money Back?

I am a physically handicapped person, and I was physically abused by my ex-employer. I had to resign from that company to keep my self-esteem alive. Now, my employer has kept my dues from the company on hold and wants me to finish pending work, whereas, in reality, there is no such issue of pending work. How should I approach this situation and recover my dues?

What has happened with you is quite unfortunate. Nevertheless, before putting forth any suggestions, it is pertinent to ask a few questions. What type of job did you do? Were you capable of doing that job? What was the accuracy rate of your work? When did you resign from your duties? Did you submit a proper letter of resignation? If yes, then did you take clearance from all the departments and follow the due process of the separation? With whom did you correspond for the clearance of your dues? What do they say?

You allege your past employer for physical abuse. But then do you have evidence of the abuse? How many times did he abuse you? Why did you not lodge a police complaint immediately?

Please clarify these questions. Suggestions from the seniors could follow thereafter.

All the best!

Regards,
Dinesh Divekar

I had no plans to resign before that physically abusive incident. I was looking after customer accounts at that time, and my profile had been changed just a month before. The incident was captured on the office CCTV camera. In case of a police inquiry, I can request them to check the CCTV footage of that particular day and time. After the physical assault on me, I emailed my resignation to my ex-boss. He had threatened to ruin me, so I could not afford to give him more time for the handover and takeover process. Nevertheless, on that day, I handed over my laptop and data to the next immediate successor. Even after leaving the organization, whenever my immediate successor has called me for advice on performing her work, I have always helped her. I have not lodged any police complaint yet.

Please advise.

Whatever provocation there may be, nobody can launch a physical assault. If you were confident of the evidence in the form of CCTV footage showing the physical assault on you, you could have lodged a police complaint immediately after the incident. By now, the employer might have erased that particular clip from the records.

Apart from filing a police complaint, you could have handled the matter differently. You could have resigned and completed the clearance from the company. Now, the employer might turn the tables against you, as your case could be deemed as "Abandonment of Employment."

Even now, you can go back and complete the separation process and then claim the dues. If your employer refuses to pay, legal action can be taken.

Thanks,

Dinesh Divekar

Dear Kaushaldev,

Please approach the national Disability Commission. The link is provided below; they have provisions for making complaints: [Home: Office of the Chief Commissioner for Persons with Disabilities, Government of India](http://www.ccdisabilities.nic.in/).

You should ideally file a criminal case at the local police station for the assault you suffered and for criminal breach of trust. If the police are reluctant to file a complaint, then approach the local court and file a private complaint.

Upon the completion of the above procedures, you will automatically receive an apology and your dues from your ex-employer.

Regards,
Octavious